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United States v. Mortenson

United States District Court, D. Montana, Great Falls Division

April 3, 2018

UNITED STATES OF AMERICA, Plaintiff,
v.
SHAUN DELMORE MORTENSON, Defendant.

          FINDINGS AND RECOMMENDATIONS TO REVOKE DEFENDANT'S SUPERVISED RELEASE

          John Johnston, Judge

         I. Synopsis

         The United States accused Mr. Mortenson of violating his conditions of supervised release by 1) being terminated from sex offender treatment, 2) failing to truthfully answer his Probation Officer's questions, 3) knowingly being in the company of a minor without an approved chaperone, and 4) entering an establishment where alcohol is the primary item of sale. Mr. Mortenson admitted to the violations. His supervised release should be revoked, and he should be sentenced to seven months custody, with a lifetime of supervised release to follow. As an additional condition of his supervised release, Mr. Mortenson is prohibited from possessing children's undergarments, as reflected in the judgment.

         II. Status

         On July 30, 2007, Mr. Mortenson was sentenced to 135 months of custody, followed by a lifetime of supervised release, after pleading guilty to Activities Relating to Material Constituting or Containing Child Pornography. (Doc. 253). Mr. Mortenson began his term of supervised release on February 19, 2016.

         On March 8, 2016, the Probation Office filed a Report on Offender Under Supervision, reflecting Mr. Mortenson's refusal to sign the sex offender treatment rules. Mr. Mortenson was allowed to remain on supervised release after it was confirmed he had begun treatment.

         On July 7, 2016, the Probation Office filed a Report on Offender Under Supervision, reflecting that Mr. Mortenson had pictures of underwear and Asian females on his phone, as well as erotica in his apartment. Mr. Mortenson was allowed to remain on supervised release, with a warning that further violations would referred to the Court.

         On March 13, 2017, the Probation Office filed a Report on Offender Under Supervision, reflecting that Mr. Mortenson had not made payments toward his outstanding special assessment fee. Mr. Mortenson was allowed to remain on supervised release to secure employment.

         On July 26, 2017, the United States Probation Office filed a Petition for Warrant for Offender Under Supervision, accusing Mr. Mortenson of violating the conditions of his supervised release by exhibiting poor performance in his sex offender treatment. (Doc. 376). The petition was dismissed on October 12, 2017, as Mr. Mortenson had made progress toward treatment. (Doc. 384).

         Petition

         On December 5, 2017, the United States Probation Office filed a Petition for Warrant for Offender Under Supervision, accusing Mr. Mortenson of violating the conditions of his supervised release. The petition alleged that on December 4, 2017, Mr. Mortenson was terminated from sex offender treatment. The petition also alleged that Mr. Mortenson was asked on December 4, 2017, whether he possessed any children's undergarments, which he denied. A subsequent search revealed several articles of children's undergarments. The petition also alleged that Mr. Mortenson stated during a polygraph exam that he had not ridden in any vehicles with minors without an approved chaperone, but that on December 4, 2017, Mr. Mortenson admitted that he accompanied his parents, who are not approved chaperones, to pick up his niece from school. Finally, the petition alleged during a polygraph examination on November 29, 2017, Mr. Mortenson admitted to purchasing alcohol for his parents. (Doc. 385). Based on the petition, Judge Morris issued a warrant for Mr. Mortenson's arrest. (Doc. 386).

         Initial appearance

         Mr. Mortenson appeared before the undersigned for an initial appearance on March 29, 2018, in Great Falls, Montana. Federal Defender Evangelo Arvanetes accompanied him at the initial appearance. Assistant United States Attorney Ryan Weldon represented the United States.

         Mr. Mortenson said he had read the petition and understood the allegations. He waived the preliminary hearing, and the parties consented to the undersigned conducting his revocation hearing. At the initial appearance, the Court was informed that Mr. Mortenson had not been receiving his medications. The Court ordered that ...


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